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Prentiss.Pdf PRENTISS 1 ORDINANCE NO. 309 AN ORDINANCE AMENDING THE EXISTING ORDINANCE #301 OF THE TOWN OF PRENTISS, MISSISSIPPI, CONCERNING THE REGULATION AND CONTROL OF ANIMALS WITHIN THE MUNICIPAL LIMITS BY ADDING THE BANNING OF SPECIFIC BREEDS OF DOGS FROM THE TOWN OF PRENTISS, MISSISSIPPI AND FOR RELATED PURPOSES WHEREAS, the Mayor and Board of Aldermen of the Town of Prentiss, Mississippi did on February 6, 2007, adopt an ordinance in and for the said Town, which ordinance provided certain restrictions on the keeping of animals in the Town of Prentiss, Mississippi, for the preservation of the public health, safety and welfare: WHEREAS, Section 4 of said ordinance provides for Impounding, Redemption and Disposition of Certain Animals. The Board of Aldermen of the Town of Prentiss, after consideration of the same find and determine it to be to the best interest of the people of said Town to amend said ordinance by adding the following sub-section (to be known as Section 4, Subsection I of Ordinance #301) to read as follows: SECTION 4 SUB-SECTION 1: BANNING OF SPECIFIC BREEDS OF DOGS "Banned breeds of dogs" are banned entirely and may not be owned, harbored or kept within the Town of Prentiss, Mississippi. "Banned breeds of dogs" are defined as any one of the following: a. American Pit Bull Terrier; b. American Staffordshire Terrier; c. Staffordshire Bull Terrier; d. Rottweiler e. Wolf-dog hybrid f. Any dog whose sire or dame is a dog of a breed which is defined as a banned breed of dog under this Section; g. Any dog whose owner registers, defines, admits or otherwise identifies said dog as being a banned breed; h. Any dog conforming or substantially conforming to the breed of American Pitt Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier or Wolf-dog hybrid as defined by the United Kennel Club or American Kennel Club. Technical deficiencies in the dog's conformance to these standards shall not be construed to indicate that the subject dog is not a Banned Breed of dog under this ordinance; i. Any dog which is of the breed commonly referred to as "pit bull", "wolf', or "wolf hybrid" and commonly recognizable and identifiable as such; or, j. Any vicious dog which is found at large in violation of this Ordinance. Enforcement From and after the effective date of these amendments, all Banned Breeds of Dogs shall be removed from the corporate limits of the Town of Prentiss, Mississippi. PRENTISS 2 Thereafter, except as provided hereinafter, any person found to keep or harbor a Banned Breed of Dog on their property, house or motor vehicle located within the corporate limits of the Town of Prentiss, Mississippi, shall be charged with violation of this stature. Registration One Banned Breed of Dog which is presently harbored within the city may be maintained by the present owners until such dog dies, is moved from or is ordered removed from the city, if the following requirements are met, within Sixty (60) days from the effective date of this Amendment. Owner of the Banned Breed of Dog must come to City Hall and register said animal and comply with the following regulations: A. A safe, secure enclosure must be provided for the dog. It shall be a violation of this ordinance to keep a dog tethered, chained or confined by a rope or other material to a single area for any period greater than one (1) hour. The owner shall acknowledge in writing the city's right to make unannounced inspections to ensure that the requirements for secure enclosure, construction and maintenance are met at all times. B. Within ninety (90) days of registration, the owner and dog must successfully register for an American Kennel Club K-9 Good Citizen Certification or similar course in order for the dog to be kept within the city. The course must be completed within six (6) months of registration or by the completion date of the earliest available class after registration. C. Failure to register a Banned Breed of Dog within the Sixty (60) day grace period shall be prima facia evidence that the banned breed of dog is a newly acquired animal. D. Nothing herein shall prevent a properly registered dog from later being declared dangerous or vicious pursuant to this chapter and subsequently removed or destroyed. E. Failure to remove, properly confine, or properly control a Banned Breed of dog shall result in seizure of the animal and humane destruction of the animal may result by order of the Municipal Court. SUB-SECTION II: KEEPING OF PIT BULL BREED DOGS PROHIBITED AND VARIANCE PROCESS FOR THE KEEPING OF PIT BULL BREED DOGS: A. Variance procedure for keeping Pit Bull Breed Dogs (pure-bred or any amount identified in Sub Section 1) 1. (a) A variance from the prohibition may be sought by submitting a written request to the City Clerk on the form approved by the Town of Prentiss for this purpose. When seeking a variance, in addition to the written request, the applicant must have in place an approved pen/enclosure for each dog approved by the Director of Law Enforcement for the Town of Prentiss, or his designee, and which pen/enclosure shall secure an area of not less than 100 sq. ft. and shall have a concrete floor covering the entire enclosed area, a chain link fence, a minimum of 6 ft in height, around the entire pen/enclosure, and a roof and/or cover over the entire pen/enclosure capable of preventing the dog from escaping. The approved pen/enclosure shall be located within a fenced in back yard. The applicant must also submit, at the time of the filing of the variance request, proof of an effective homeowner's liability PRENTISS 3 policy (including the Declaration Pages of such insurance policy) insuring the property where the dog(s) are kept and insuring the dog(s) which are the subject of the variance, with minimum liability coverage of $100,000 and an original letter from the homeowner's insurance company addressed to the Town of Prentiss indicating knowledge of the insurance company of the presence of the dog(s) at the insured address, by name or other identification method, and that the insurance is in force and effect, and that the insurance provides liability coverage for injuries to persons or property caused by the dog(s) and that in the event the insurance is canceled, non-renewed or otherwise terminated for any reason that the Town of Prentiss will be provided notice thereof in writing before the cancellation, non-renewal or termination thereof. (b) Owners in possession of any prohibited dogs as of the time of the adoption of this Ordinance, shall be permitted 60 days from adoption to apply for and obtain a variance to keep such prohibited dog(s). 2. Upon receipt of the variance request, the Town of Prentiss shall consider the same and may approve the same, if all of the conditions precedent have been accomplished by the applicant, and it is determined that the granting of the same will not otherwise create a nuisance or negatively affect he quiet use and enjoyment of others in the community. 3. The granting of a variance shall not relieve the owner of the dog(s) or those otherwise in possession and/or control of the dog(s) from any and all liability resulting from the conduct of the dog(s), and/or the action or inaction the owner, or possessor of the dog(s). 4. Any variance granted hereunder shall be specific to each dog which shall be specifically identified, and is non-transferrable. 5. The owner of any dog(s) receiving a variance shall immediately and without delay, notify the City Clerk of any change in the conditions precedent to the granting of the variance and until such time as such conditions precedent are reinstated and restored in all respects, the variance shall terminate in all respects and the dog(s) shall be impounded at the owner's expense or shall be removed by the owner from the Town of Prentiss. At such time as the conditions precedent to the granting of the variance are reinstated, the Town of Prentiss shall consider the same and determine whether and to what extent to reinstate the variance. 6. Because of the nature of the dog(s) which are subject to the prohibition in Section 4, Sub- section 1, at all times necessary, the owner of the dog(s) grants the Director of Law Enforcement, or his designee, access to the property where the dog(s) are kept to inspect the condition of the required pen/enclosure. If it is determined that the required pen/enclosure requires repairs and/or maintenance to comply with the provisions hereof, the Director of Law Enforcement, or his designee, is authorized to require the same to occur within a reasonable time and if necessary to require the owner to remove the dog(s) from the Town of Prentiss, or impound the dog(s) at the expense of the owner, until such necessary repairs and/or maintenance can be made while permanent repairs and/or maintenance is performed and that such temporary repairs/and or maintenance will prevent the dog(s) from escaping during the pendency of the permanent repairs and/or maintenance. If in the opinion of the Director of Law Enforcement, or his designee, the required pen/enclosure is in such a state of disrepair t exhibit willful neglect by the owner, the Director of Law Enforcement, or his designee, shall impound the dog(s) and shall declare PRENTISS 4 the condition precedent to the granting of the variance breached.
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